Burden of Proof in Drug Offenses

REITER, Special Deputy Attorney General, YAKOWICZ, Solicitor General, and KANE, Attorney General,

You have inquired as to whether the Commonwealth is required, in prosecutions under the Controlled Substance, Drug, Device and Cosmetic Act of April 14, 1972, P.L. 233 (No. 64), sec. 13(a)(30), 35 P.S. §780-113(a)(30) (hereinafter the “Controlled Substance Act”), to plead and prove that defendant is not registered under the act or licensed as a practitioner by the appropriate State board.

You are advised that the Commonwealth is not so required and that section 21 of the Controlled Substance Act…